2nd mistrial called in hockey mom sex case

SANTA ANA – A second mistrial has been declared on sex charges against a Laguna Niguel hockey mom who was convicted last year of sexually assaulting a 16-year-old boy, authorities said.

Kathia Maria Davis, 45, was convicted Aug. 9 of four felonies for having sex with her son's 16-year-old teammate, but a jury could not come to a decision on felony sex charges relating to a 13-year-old boy.

The Orange County District Attorney's Office decided to retry Davis on the sex charges involving the 13-year-old, but the jury was deadlocked again, 10-2, and Superior Court Judge W. Michael Hayes called another mistrial Thursday.

Deputy District Attorney Jennifer Walker said it had not been decided whether she would pursue a third trial.

Davis, a divorced mother of three, admitted to having sex with the 16-year-old while he was staying in the family home, saying that she believed the boy was 18 when they had sex in the summer of 2010.

She was arrested in September 2010 after she admitted to officers that she had sex with the boy, prosecutors said.

Davis denied allegations that she had sex with the 13-year-old, claiming in court that the boy had attempted to kiss her while drunk, but she rejected his advances.

A jury on Aug. 9 also found Davis guilty on two courts of contributing to the delinquency of a minor, for supplying the boys with alcohol when they stayed in her home, which was known as a "party house," prosecutors said.

Davis' son claimed his mother always discouraged underage drinking and referred to her as "strict."

Prosecutors claim that Davis gave the 13-year-old alcohol and had sex with him for over an hour in the same room as her sleeping children.

Two jury members could not agree with the other jurors because of a discrepancy in the 13-year-old's testimony, a juror said.

Davis faces up to five years in prison for sexually assaulting the 16-year-old, but will not be sentenced until either a new trial is heard on the outstanding charges or prosecutors decide to discontinue pursuits of additional jail time.

Prosecutors will return to court April 26 to announce if they will pursue another trial against Davis.